Attorney files to dismiss complaint against urologists, clinics named in amputation lawsuit

BIRMINGHAM, Ala. (WIAT) – The attorney representing two physicians and the clinics mentioned in a lawsuit by a man who claims his penis was amputated without his permission has filed for the complaint to be dismissed.

Attorney Mike Florie says the lawsuit claims his clients were responsible for the amputation of a 59-year-old Birmingham man’s penis during a circumcision procedure. Florie says those claims are “totally false” and have no basis in fact.

“Neither of these urologists have ever ‘amputated’ all or any part of this patient’s penis,” Florie said in a statement released to WIAT 42 News. “Attorney John Graves, who filed this baseless complaint, has stated publicly in media appearances that he filed this lawsuit without reviewing a single medical record. That action by an attorney is irresponsible, unprofessional and unethical.”

The lawsuit says the patient was receiving medical treatment from a doctor with Urology Centers of Alabama at Princeton Baptist Medical Center in June. Another doctor performed the surgical procedure. When he awoke his penis had been amputated. According to the lawsuit, the patient had never given his consent for a complete or partial amputation.

Florie says motions were filed Tuesday to dismiss the complaint and says he will seek “all appropriate sanctions and disciplinary action against Mr. Graves and Eversole Law, LLC.” on behalf of the physicians, who he says are wrongly accused.

John P. Graves, the attorney for the man filing the suit, told WIAT 42 News on July 25 they had been unable to obtain medical records for his client and the lawsuit is based on what he knew at the time.

“If the hospital and the medical providers would produce the medical records that we requested, about two and a half weeks ago now, we would know who was precisely involved. Usually that’s the protocol we follow,” Graves said on Friday. “We try to get the medical records first in order to identify the potential defendants, but in this case we didn’t received the medical records and we felt it best to proceed forward with the case and we can always amend the complaint once we have a court order forcing the production of the medical records.”

“I can absolutely assure the public that my clients didn’t file this suit to smear any doctor’s good names or to besmirch the reputation of any practice. That’s not why we litigate in the civil form. Civil litigation is about resolving disputes in a civilized fashion,” he added.

Copyright 2014 WIAT 42 News

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